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9. Motion for an extension, continuance, or stay
- Filing appropriate motion.
In CRD cases, an extension of time refers to resetting the date on which a submission is due; a continuance refers to resetting the date or time on which an event, such as a hearing or a prehearing conference, is to take place; and a stay (of proceedings) refers to the suspension of all due dates for submissions or events. A party desiring an extension of time, a continuance, or a stay, must file a motion (a joint motion may be filed), in proper format, that:
- states good cause,
- indicates that the movant has contacted opposing counsel, or the unrepresented party, and
- states whether the opposing party consents, does not oppose, or objects to the motion.
- Formal motion required.
A party (or parties) requesting an extension, continuance, or stay must file a motion in writing. Unless permitted by the ALJ in a specific case, informal requests for an extension or a stay made by phone or e-mail to the staff attorney are not permitted and will not be granted.
- No automatic extensions, continuances, or stays.
Filing a motion, including a joint motion or an unopposed motion, does not automatically extend any deadlines or stay any action that has been previously scheduled.
- Established deadline controls if no ALJ order.
If no order is issued granting an extension, continuance, or stay prior to a deadline or scheduled date, the party or parties must comply with the established deadline. The assigned staff attorney may communicate an ALJ’s order to the parties. If a party fails to obtain an extension of time to meet a requirement before the time expires, then the party must file a motion for leave to complete the action “out-of-time,” stating good cause for having failed to timely comply.
This is archived HHS content.
